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What's New in E-Discovery and Spoliation?

July 29, 2021

U.S. Supreme Court Holds that the Computer Fraud and Abuse Act Only Applies to Those Who Obtain Information or Files From Sources to Which Their Access Does Not Extend – (and Not Those Who Simply Obtain Data from Sources to Which they Have Access for Improper or Unauthorized Purposes)

Written by Steve Herman
July 29, 2021

Northern District of California Magistrate Judge Imposes Monetary Sanctions on Counsel Who Failed to Take Reasonable and Appropriate Steps to Ensure Responses to Discovery Requests

Written by Steve Herman
July 29, 2021

Magistrate Judge in the Eastern District of Tennessee Outlines the Process for Evaluating a Motion for Sanctions for Spoliation of Electronically-Stored Information Where County Fails to Preserve Jail Tape

Written by Steve Herman
July 29, 2021

Magistrate in the Southern District of Georgia Addresses Spoliation in the Context of a “Deactivated” as Opposed to “Deleted” Facebook Account, while Questioning Counsel’s Conduct and Issuing a Rule to Show Cause

Written by Steve Herman
April 29, 2021

Magistrate Judge in Valsartan MDL Rejects Defendant’s “Confidentiality” Claims over Routine Business Communications

Written by Steve Herman
March 25, 2021

U.S. Fifth Circuit Discusses the Strong Presumption in Favor of Open Access to Judicial Proceedings and the Overuse of Protective Orders by Litigants

Written by Steve Herman
October 8, 2020

U.S. Fourth Circuit Court of Appeals Affirms Limited Fund Settlement Between Former Students and Unaccredited Law School

Written by Steve Herman
October 5, 2020

U.S. District Court in Minnesota Sanctions Defendants $10,000 for Intentional Spoliation of Text Messages

Written by Steve Herman
September 11, 2020

Supreme Court of Illinois Declines to Extend “Common-Interest” Right to Otherwise Privileged Communications to Insurance Brokers

Written by Steve Herman
July 6, 2020

U.S. Fifth Circuit Rejects General Privilege Over Identity of Clients

Written by Steve Herman